This is a post taken from an article by Ben Zitney, Online Auto Insurance Articles Team. The following expert and happy reading.
The incident began when the occupants of the two cars began to exchange "verbal hostility" when driving side by side. After that, they went into the McDonald's parking lot when Richard Terlingen (driver of one car) parked right behind the car carrying Chanson Roque and Shannon Isenhour, blocking them in three out of their cars, and Terlingen continue to pull out a golf club and use to injure Roque and Isenhour, according to court documents. In a separate court case. It was determined that the car insurance company that has provided liability insurance coverage Terlingen not need to give representation or compensation on his behalf as Roque and Isenhour injury was not the result of the use of a car. Consequently, Roque and Isenhour reasoned, technically TGerlingen an uninsured motorist, and they should be able to collect compensation through Allstate uninsured motorist policies cover the car.
The lower court, however disagreed with Roque and Isenhour, decided that the injuries did not "arise out of the use of the car" It's then taken to the court of appeal, in which Roque and Isenhour found since the injury would not have happened if it were not for that road rage is a result of the use of a car, it should be covered. They also said that the injury could not have happened if Terlingen not blocked their car with his car.
Insured Motorist Coverage and Sexual Violence
To decide this, the appellate court looked at the case in 2003 that helped set the criteria for what constitutes the use of a car for the purpose of the uninsured motorist coverage. In the case of 2003, a woman is seeking compensation through the policy after he was kidnapped and driven in his own vehicle to a remote location, where she was sexually assaulted. The court uses a two pronged approach to determine whether the damage arising from the use of the vehicle. They decided in the end that there is no strong causal relationship between the use of cars and damage. This case does not satisfy the test and denied coverage.
Road Rage Case Failed Test
The appeals court ruled that the case Isenhour and Roque alike who do not pass the two prong test. The court said that although Terlingen used cars to follow and block their victims, the car was not used for transportation purposes (or other purposes that are outline in the policy) at the time of the incident one of the two prong test used to determine eligibility for coverage. The court further said that using the car go to the place where the attack took place is not a causal relationship between the use of the car is strong enough and the actual would.
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